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1. Grant in Trust. Trustor, in consideration of the indebtedness herein recited and <br />the trust herein created, hereby irrevocably and unconditionally grants, transfers, <br />coriveys, and assigns to Trustee in trust for the benefit of Beneficiary, with power of s13.le <br />and right of entry and possession, all of Trustor's right, title, and interest now held or <br />hereafter acquired in and to the following:· (a) all of that certain real property located at <br />2539 Grant Avenue, San Leandro, County of Alameda, State of California, which is <br />more particularly described in Exhibit A, attached hereto and incorporated herein by this <br />reference (the "Land"); (b) all buildings, ·improvements and fixtures now or hereafter <br />erected on the Land and all replacements and additions thereto ("Improvements"); (c) <br />all easements, rights of way, appurtenances, and other rights used in connection with <br />the Land or as a means of access thereto ("Appurtenances"); (d) all fixtures now or <br />hereafter attached to or used in and about the Land or the Improvements or hereafter <br />located or constructed on the Land, and all renewals or replacements thereof or articles <br />in substitution therefor, whether or not the same are, or shall be attached to the <br />Improvements in any ma.nner ("Fixtures and Equipment"); and (e) all leases, <br />subleases, licenses, and other agreements relating to use or occupancy of the Land <br />("Lea;Ses") and all rents or other.payments which may now or hereafter accrue or <br />otherwise become payable to or for the benefit of Trustor ("Rents") (whether or not <br />such Leases and Rents are permitted pursuant to the Agreement). <br />All of the above-referenced Land, Improvements, Appurtenances, Fixtures and <br />Equipment, Leases and Rents are herein referred to collectively as the "Property." <br />2. Obligations Secured. This Deed of Trust is given for the purpose of securing <br />payment and performance of all of the following (the "Secured Obligations"): (i) all . <br />present and future indebtedness evidenced by the Note (including all principal and all <br />other amounts payable pursuant to the Note) and all amendments, modifications, <br />extensions, and renewals of the Note; (ii) all present and future obligations of Trustor <br />set forth in this Deed of Trust or in the Agreement; (iii) all additional present and future <br />obligations of Trustor to Beneficiary under any other agreement or in9trument <br />acknowledged by Truster (whether existing now or in the future) which states that it is or <br />such obligations are, secured by this Deed of Trust; (iv) all modifications, supplements, <br />amendments, renewals, and extensions of any of the foregoing; whether evidenced by <br />new or additional documents; and (v) reimbursement of all amounts advanced by or on <br />behalf of Beneficiary to protect Beneficiary's interests under this Deed of Trust. <br />3. Assignment of Rents, Issues, and Profits. Truster hereby irrevocably, absolutely, <br />presently and unconditionally assigns to Beneficiary the rents, royalties, issues, profits, <br />revenues, income and proceeds of the Property. This is an absolute assignment and not <br />an assignment for security only. Beneficiar\f hereby confers upon Trustor a license to <br />collect and retain such rents, royalties, issues, profits, revenues, income and proceeds <br />as they become due and payable prior to any Event cif Default hereunder. Upon the <br />occurrence of any such Event of Default, Beneficiary may terminate .such license <br />without notice to or demand upon Trustor and without regard to the adequacy of any <br />security for the indebtedness hereby secured, and may either in person, by agent, or by <br />a receiver to be appointed by a court, enter upon and take possession of the Property or <br />Exhibit C Page 2 of 16